Defamation

Front 1

what is Defamation

Back 1

publication of a statement, person, lower him in the estimation of right thinking members of society generally or tends to make ppl shun or avoid him

Front 2

types of defamation

Back 2

libel, slander

Front 3

what is libel

Back 3

dfm in permanent form, visible to eyes, actionable per se, plaintiff need not to prove any damages

Front 4

what is slander

Back 4

dfm in temporary. thru words or gestures. not actionable per se

Front 5

exception

Back 5

1. slander to woman

2. profession & business reputation

3. contagious disease& crime

Front 6

cases exception

Back 6

luk kai lam - pelacur, rm50

wan abdul rashid v s subramaniam

c sivanathan - crime

Front 7

elements

Back 7

1. words are defamatory

2. words refer to ptf

3. words hv been published

Front 8

1. words must be defamatory

Back 8

kes dp vijandran v karpal singh s420

kes lau chee kuan - kes hantu, appellant

Front 9

3 ways

Back 9

1. natural & ordinary meaning

2. innuendo

3. juxtaposition

Front 10

natural meaning

Back 10

ayob bin saud kes tanah mahal

test: wld reasonable man hv tendecy to look down upon the ptf

Front 11

innuendo

Back 11

not literal meaning

false innuendo and legal innuendo

Front 12

false innuendo

Back 12

implications arising from them

- lee kuan yew

Front 13

legal innuendo

Back 13

prove:

external facts other than words

facts are known

- tolley v fry

Front 14

juxtaposition

Back 14

visual effects

- monsoon v tussauds

- syed kechik

Front 15

2. words must refer to ptf

Back 15

test: david v canavan

- are the words such that it wld reasonable in the circumstances to lead persons acquainted w the ptf to believe that he was the person referred to?

kes atip bin ali v josephine

Front 16

3. words must be published

Back 16

third party

- dr jenni ibrahim v s pakianathan

Front 17

defences

Back 17

consent

justification

fair comment